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(영문) 서울동부지방법원 2014.01.28 2013가단103347
물품대금
Text

1. Defendant (Appointed Party), Appointed Party B, and C jointly and severally with the Plaintiff KRW 45,565,50,00 and the Plaintiff’s aforementioned amount from September 1, 2011.

Reasons

1. According to the evidence Nos. 1 through 11 of the judgment as to the cause of the claim, the Plaintiff traded in the consignment sale of the non-party corporation D and merchandise coupon, and the Plaintiff was holding the outstanding amount of KRW 35,756,500 against the non-party corporation. On May 31, 2011, the appointed party B acquired the contract between the Plaintiff and the non-party corporation, and the non-party company was also taking over the debt of the non-party corporation (hereinafter “the assumption of the obligation of this case”). At this time, the Defendant (Appointed) and the appointed party C jointly and severally guaranteed the designated party B’s outstanding amount and future debt, and the outstanding amount not paid to the Plaintiff by the designated party B as of August 31, 201 is recognized as the cause of KRW 45,565,500.

According to the above facts of recognition, barring any other special circumstance, Defendant Appointed Party B and C are jointly and severally liable to pay to the Plaintiff the outstanding amount of KRW 45,565,500 and damages for delay calculated at the rate of 20% per annum (the date of delivery of a copy of each complaint) from September 1, 2011 to December 17, 2012 (the date of delivery of a copy of each complaint) and the Appointed C until December 31, 2012 (the date of delivery of a copy of the complaint) and 5% per annum from the following day to the date of full payment (the date of delivery of a copy of the complaint).

2. Judgment on the defendant's defense

A. 1) The validity of the contract accepting the obligation of the non-party company as of July 18, 2009, on the ground that the obligation of the non-party company to the plaintiff was already extinguished due to the assumption of the obligation of the non-party company at the time of the assumption of the obligation, and thus the assumption of the obligation of this case is null and void. 2) In full view of the descriptions of evidence Nos. 1 through 3, 6, and 7, and the whole purport of the pleading in witness E’s testimony, the representative director of the non-party company F, around July 2009, transferred the business of the non-party company to the non-party H, who operates the non-party company (E), between the plaintiff(E) and the non-party company (E), and H(J (J), as of July 18, 2009, the non-party company agreed to settle the outstanding obligation of the plaintiff at KRW 25,546,500, 300 won.

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